Federal Judge to Rule Ohio’s Gay Marriage Ban Unconstitutional

A federal judge in Cincinnati last week announced plans to overturn Ohio’s ban on same-sex marriage.

The ruling will not legalize same-sex
marriage in Ohio but deems unconstitutional the state’s gay marriage ban
and refusal to recognize out-of-state same-sex marriages.

“My declaration will provide further that
denying full faith and credit to decrees of adoption duly obtained by
same-sex couples lawfully in sister jurisdictions, including for
purposes of reissuing accurate new birth certificates for Ohio-born
adopted children, violates the full faith and credit clause,” Black
said.

The announcement followed closing
arguments in a case brought forward by four same-sex couples married in
other states. Each couple says Ohio won’t recognize both parents’ names
on their children’s birth certificates. The lawsuit — and Black — cited a
Jan. 17 ruling in favor of John Arthur and his partner Jim Obergefell
that forced Ohio to recognize their out-of-state same-sex marriage on
Arthur’s death certificate. Arthur died Oct. 10, 2013 of
neurodegenerative disease.

“The court has spoken in Obergefell,
and the issues presented here are reminiscent of that case,” Black
said.

Ohio Attorney General Mike DeWine
appealed the Obergefell ruling and has stated his intention to appeal
the latest as well. David Pepper, who is running against DeWine this
year, took to Twitter to voice his exception to an appeal.

Alphonse Gerhardstein, a lawyer for the
plaintiffs, says many state attorney generals have chosen not to defend
such discriminatory practices but that ultimately it will be up to the
Sixth Circuit Court of Appeals to set things straight.

“Think about what we’re trying to do,”
Gerhardstein says. “We’re trying to get people who have children to say,
‘Please recognize me, the second parent, as a parent. Please call me if
my kid is truant. Impose child support on me if we break up and I’m not
carrying my weight. Call me if my kid isn’t immunized when he goes to
school.’

“All the things we’re looking to parents to do, these folks are volunteering for it. Why is the state fighting this?”

The lawsuit states that prior to January
of 2011, when Gov. John Kasich, DeWine and Director of Ohio Department
of Health Theodore E. Wymyslo took office, Ohio had recognized same-sex
married couples on adopted children’s birth certificates.

“There is no legitimate state interest to support this change in policy,” the lawsuit states.